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Sony's Anti-Class Action ToS Attracts Class Action Lawsuit!

qubit

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#1
In perhaps one of the more ironic legal moves to be seen recently, Sony's clause in its Terms of Service preventing PlayStation 3 owners from filing class action lawsuits has itself attracted a class action lawsuit! The lawsuit was filed in Northern California in November, by a man on behalf of PS3 owners who signed up for the PlayStation Network before September, when the ToS were updated and this anti-class action clause added.

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#2
Good article... contract difference is PS3 owners are not employee's and I'm sure AT&T employees were able to see the "contract" better than PS3 owners... sony is grasping at straws imo... Down with the network! lol
 

qubit

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#3
Good article... contract difference is PS3 owners are not employee's and I'm sure AT&T employees were able to see the "contract" better than PS3 owners... sony is grasping at straws imo... Down with the network! lol
Thanks. :) Looks like a touch of Anonymous would help here. ;)

 

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#4
Gary said it all. I'll be interested to see how this works out. Will take years though.
 
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#5
I bought all these games to play online and now I can't play them online cause I have to agree to the new TOS.

Count me in.
 
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#6
Well I hope SONY fails on this one and is severely fined.

Contracts between two parties should be clear, transparent and agreed in advance. And should not allow one party overt power to prohibit the other party from redress.

It certainly shouldn't be allowed that one party can significantly change or switch the terms after agreement/purchase UNLESS the other party explicitly and knowingly agrees and it is not a one-sided uncompensated event.

If the seller want to "force" a change, and if the buyer does not agree to this "forced change" then the buyer should have the right to claim the product can no longer be used in the way intended when purchased and can therefore claim refund by returning the item.

I fully disagree with "you buy the proprietary hardware" but only "license the proprietary software" and we can take that away from you. No. Because the proprietary hardware is useless without the software. In which case the seller should be obliged to buy back the hardware.

All rather complicated. Keep us updated with news.
 
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#7
Good article... contract difference is PS3 owners are not employee's and I'm sure AT&T employees were able to see the "contract" better than PS3 owners... sony is grasping at straws imo... Down with the network! lol
Pretty much exactly what I was gonna say lol
 
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qubit

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#9
Well I hope SONY fails on this one and is severely fined.

Contracts between two parties should be clear, transparent and agreed in advance. And should not allow one party overt power to prohibit the other party from redress.

It certainly shouldn't be allowed that one party can significantly change or switch the terms after agreement/purchase UNLESS the other party explicitly and knowingly agrees and it is not a one-sided uncompensated event.

If the seller want to "force" a change, and if the buyer does not agree to this "forced change" then the buyer should have the right to claim the product can no longer be used in the way intended when purchased and can therefore claim refund by returning the item.

I fully disagree with "you buy the proprietary hardware" but only "license the proprietary software" and we can take that away from you. No. Because the proprietary hardware is useless without the software. In which case the seller should be obliged to buy back the hardware.


All rather complicated. Keep us updated with news.
Yes, I absolutely agree. It's only one sided like this, because it's a big corp against the little guy. The bold bit especially, is a really good point - Sony can trash the whole product just by a little tiny software change, so why shouldn't they be liable for the whole thing which the customer paid a lot of hard cash for?

Why do I have the horrible feeling that you're right. :(
 
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#10
Because the precedent is there, unfortunately. It was decided by the SCOTUS already.
 
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#11
I feel like we have been talking about legal/illegal/patents…etc stuff way to much recently.

It's sad and takes the fun out of the video game/computer hardware hobby.
 
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#12
Because the precedent is there, unfortunately. It was decided by the SCOTUS already.
One minor detail here: this lawsuit is on behalf of those people who used the PlayStation Network before the ToS change. The Supreme Court case that you sited would apply to new users. Completely Bonkers has a valid point about a forced change that prevents you from using it the way you previously had. We can only hope that the judge sees it that way, too.